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Jury's still out on gay marriage ruling

06:54 PM PST on Wednesday, March 1, 2006

By ROBERT MAK / KING 5 News

Last March the Washington State Supreme Court took up the heated issue of gay marriage. Now, one year later, the court still hasn't ruled leaving all sides wondering what's going on.

It's pretty typical for the state Supreme Court to take several months to issue a ruling. But a whole year is a bit unusual.

People across the country are watching and waiting for the decision on whether gay couples should be allowed to marry.

For pastor Peter Ilgenfritz and his partner, it has been 12 months of anticipation. They are two of the plaintiffs fighting for the right to marry in Washington state.

One year ago the gay marriage debate made it to the state Supreme Court. It was a significant moment for gay couples, but a day filled with tension. As thousands of people rallied in Olympia, many of them were defending the traditional definition of marriage. The protests have died down temporarily as all sides await a ruling.

KING

The Washington State Supreme Court heard arguments in the case of 19 gay and lesbian couples a year ago.

University of Washington Law School professor Hugh Spitzer says the justices most likely took a vote right after hearing the case but then started a long process of negotiating amongst themselves.

"The initial vote is their first gut feel as to where they're going to come out,” he said. “But after they see each other's legal reasoning, in writing, they may change their minds."

This may have been going on for the past many months. Are the justices having trouble putting together a majority opinion? Might there be three or four separate opinions?

Seattle University law professor Julie Shapiro says justices are mindful this could be one of the most scrutinized cases in recent history, following the Massachusetts ruling allowing same-sex couples to marry.

The longer it takes Washington's court to decide, it not clear whether it’s better for one side or the other.

Initially there was some speculation that the court might issue its ruling while the state legislature was in session. But the legislature is going home next week and it remains anyone's guess.

Nineteen couples are part of two lawsuits in this case. At issue is the state's defense of marriage act in which the legislature restricted marriage to a man and a woman.

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